LAWS(GJH)-2001-8-23

BHIKHABHAI KESHAVLAL PATEL Vs. ELECTION OFFICER DISTRICT CENTRAL CO OPERATIVE BANK LIMITED AND DEPUTY COLLECTOR

Decided On August 09, 2001
BHIKHABHAI KESHAVLAL PATEL Appellant
V/S
Election Officer District Central Co Operative Bank Limited And Deputy Collector Respondents

JUDGEMENT

(1.) Bhikhabhai Keshavlal Patel-petitioner has filed this petition praying for a writ of mandamus or writ in the nature of mandamus or any other appropriate order or direction quashing and setting aside the order dated 24.7.2001 passed by the Election Officer-respondent No. 1 for the election of Mehsana District Central Co-operative Bank Ltd. (hereinafter referred to as `the Bank'). By the said order, the Election Officer has rejected the Nomination Form of the petitioner to be elected in the Director of the Bank for which election was to be held on 10.8.2001.

(2.) The facts giving rise to this petition are as under:-

(3.) On the other hand learned Government Pleader Mr. A.D. Oza with learned A.G.P. Mr. H.C. Patel appeared on behalf of respondent Nos. 1 and 2 and submitted that the present petition is not maintainable under Article 226 of the Constitution in view of the fact that the petition raises election dispute and the same is governed by Section 145U of the Act.